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Water Allocation Not Subject To Judicial Review

New Delhi, Jul 25:  Allocation of water resources is the executive's prerogative and not subject to judicial review, the Supreme Court has ruled while dismissing a PIL complaining of meagre allocation of water from Sardar
water allocation not subject to judicial review -...
PTI July 25, 2011 19:26 IST

New Delhi, Jul 25:  Allocation of water resources is the executive's prerogative and not subject to judicial review, the Supreme Court has ruled while dismissing a PIL complaining of meagre allocation of water from Sardar Sarovar Project (SSP) to Gujarat's Kutch district.

“The government is the best judge to decide how much water should be released from the Narmada Canal to Kutch and how much water is to be left for other regions.

“All these decisions require delicate balancing and consideration of complex social and economic considerations which cannot be brought under the judicial scrutiny. 

“We are of the opinion that the prayer for allocation of adequate water in Kutch district is not one which can be a matter of judicial review. It is for the executive authorities to look into this matter,” the apex court said. 

A bench of justices Markandeya Katju and C K Prasad passed the ruling while dismissing the PIL of Kachh Jal Sankata Nivaran Samiti challenging a Gujarat High Court's decision's not to interfere in the matter. 

The PIL alleged there was a meagre allocation from the by the state government to Kutch, a drought-prone district which is said to constitute 1/4th of the total area of the state. PTI

 

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